Publications

Contracts and COVID-19

Authors: Max Ganado, Adrian Camilleri, Antoine G. Cremona, Clement Mifsud-Bonnici
Published on April 3, 2020
Tags: ,
Practices: General Commercial & Contract Law
One of the main concerns affecting everyone now is what happens to contracts negotiated and entered into before the COVID-19 pandemic spread across the world in the way it has.

Many will be asking the obvious questions: What are my duties under existing contracts? Are my rights still enforceable? Do I have to perform my obligations? Will I be liable in damages if I cannot perform due to the situation in Malta and the rest of the world?

This memorandum outlines the main issues from a Maltese law perspective.

Video of the webinar: The COVID-19 pandemic from a Maltese employment law perspective

Authors: GANADO Advocates
Published on April 3, 2020
On 1st April 2020 the Employment team at GANADO Advocates held a webinar which went through the legal issues which employers are facing during this time of uncertainty. Issues such as quarantine leave, vulnerable persons, benefits from government, remote working, measures to safeguard employment and data protection were all discussed.

ESMA Public Statement on the Publication of Best Execution Reports

Authors: Ria Micallef
Published on April 3, 2020
Practices: Investment Funds
On 31 March 2020, the European Securities and Markets Authority (“ESMA”) issued a public statement clarifying issues regarding the publication by execution venues and firms of the best execution reports required under RTS 27 (Commission Delegated Regulation 2017/575) and RTS 28 (Commission Delegated Regulation 2017/576) of MiFID II (Directive 2014/65/EU).

MFSA issues Circular to Credit Institutions on Dividend Distributions or Share Buybacks

Authors: Caroline Gauci
Published on April 3, 2020
Tags:
Practices: Banking Regulatory
On 2nd April, the Malta Financial Services Authority (the “MFSA”) issued a circular to credit institutions on dividend distributions or share buybacks. In the Circular the MFSA announces that it shall be adopting the Recommendation of the ECB of 27 March 2020 on dividend distributions during the COVID-19 pandemic (ECB/2020/19) in its entirety to all credit institutions licensed in terms of the Banking Act (Chapter 371 of the Laws of Malta) from today and at least until 01 October 2020.

EBA Statement on Supervisory Reporting and Pillar 3 disclosures in light of COVID-19

Authors: Caroline Gauci
Published on April 2, 2020
Tags:
Practices: Banking Regulatory
On 31 March 2020, the European Banking Authority (EBA) has issued a new statement on supervisory reporting and Pillar 3 disclosures in light of COVID-19. This statement provides further possible actions to be taken by institutions, Competent Authorities (CAs) and Resolution Authorities (RAs) to mitigate the impact of the COVID-19 outbreak on the EU banking sector.